HB 256-FN – AS INTRODUCED
2011 SESSION
06/09
HOUSE BILL 256-FN
AN ACT relative to the administrative appeals process of the department of environmental services.
COMMITTEE: Resources, Recreation and Development
This bill modifies the administrative appeals process of the department of environmental services.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-0713
06/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to the administrative appeals process of the department of environmental services.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Administrative Appeals. RSA 21-O:14 is repealed and reenacted to read as follows:
21-0:14 Administrative Appeals.
I. For purposes of this chapter, “department decision” means the final action on an application, petition, order, or request taken by the commissioner or any department official who has statutory authority to make such final decision or to whom the commissioner has properly delegated the authority to take such final action. “Department decision” shall not mean rulemaking or an agency declaratory ruling as provided for in RSA 541-A, and shall not include any decision of any council.
II. Any person aggrieved by a department decision may apply for reconsideration by the department. Any person aggrieved following disposition of such application for reconsideration may appeal either to the council established under this chapter having jurisdiction over the subject matter of the appeal, or to the superior court. In the event that one aggrieved person appeals to the council and another to the superior court, the appeal to the superior court shall take precedence. Any person aggrieved following disposition of such appeal may appeal to the supreme court. A “person aggrieved” for purposes of this section shall mean the applicant and any person required to be provided with notice.
III. Appeal hearings before any council established under this chapter shall be conducted in accordance with the provisions of RSA 541-A governing adjudicative proceedings conducted by an administrative hearing officer assigned by the department of justice under RSA 21-M:3, VIII. All issues shall be determined as specified in RSA 21-M:3, IX. Appeal hearings before the superior court shall be conducted de novo.
IV. Each council established under this chapter shall adopt rules under RSA 541-A to govern the conduct of administrative appeals under this section. To the extent possible, the rules of all councils shall be consistent with one another.
2 Effective Date. This act shall take effect 60 days after its passage.
LBAO
11-0713
Revised 02/09/11
HB 256 FISCAL NOTE
AN ACT relative to the administrative appeals process of the department of environmental services.
FISCAL IMPACT:
The Department of Justice and the Judicial Branch state this bill may increase state general fund expenditures by an indeterminable amount in FY 2011 and each fiscal year thereafter. There will be no fiscal impact on state, county, and local revenues, or county and local expenditures.
METHODOLOGY:
The Department of Justice states this bill allows persons aggrieved by the Department of Environmental Services to appeal to the superior court. The Department states general fund expenditures may increase if roughly 50 percent of DES appeals are filed in superior court. The Department estimates it would require the services of one assistant attorney general and one part-time paralegal at labor grade 19 to manage the caseload for DES. The Department estimates increased personnel costs as follows:
FY 2012 |
FY 2013 |
FY 2014 |
FY 2015 | |
Assistant Attorney General Salary |
66,950 |
68,959 |
71,027 |
73,158 |
Social Security (@ 6.2%) |
4,151 |
4,275 |
4,404 |
4,536 |
Medicare (@ 1.45%) |
971 |
1,000 |
1,030 |
1,061 |
Retirement |
8,242 |
8,454 |
8,708 |
8,969 |
Life Insurance |
20 |
20 |
20 |
20 |
Dental |
937 |
984 |
1,033 |
1,085 |
Health |
14,709 |
16,285 |
18,030 |
19,962 |
Assistant Attorney General Subtotal |
95,980 |
99,977 |
104,252 |
108,791 |
Paralegal (LG 19 @ 50 percent FTE) |
17,433 |
18,145 |
18,925 |
19,695 |
Social Security (@ 6.2%) |
1,081 |
1,125 |
1,173 |
1,221 |
Medicare (@ 1.45%) |
253 |
263 |
274 |
286 |
Paralegal Subtotal |
18,767 |
19,533 |
20,372 |
21,202 |
Current Expenses (phone, postage, software licenses) |
1,700 |
1,100 |
1,100 |
1,100 |
Equipment (Computers, chair, desk, file, phone) |
3,000 |
|||
Total |
$119,447 |
$120,610 |
$125,724 |
$131,093 |
The Judicial Branch states it has no data with which to estimate the specific cost of appeals for cases from the Department of Environmental Services. However, from a judicial needs assessment study done by the National Center for State Courts, case types classified as complex equity cases such as labor board appeals, planning board appeals, and zoning board appeals are estimated to cost $590 in FY 2012 and $596 in FY 2013. The Branch notes these studies are now more than five years old regarding judicial time and three years old for clerical time, and changes have occurred during that time span which may have affected the cost of proceedings. Nonetheless, if the proposed bill resulted in seventeen additional complex equity cases, the cost to the Branch would exceed $10,000.
The Department of Environmental Services states from 2008 to 2010 an annual average of approximately 40 appeals of DES decisions were filed with the four councils having authority to hear the appeals. The Department assumes 50 percent, or approximately 20 appeals would be filed in superior court annually and two Department employees may spend an average of 40 hours on each appeal for a total of 1,600 hours annually (20 appeals x 2 employees x 40 hours = 1,600). The Department assumes the current budget and staffing would remain the same, however, additional responsibilities at current staffing levels will affect the availability of personnel to address other duties also assigned to the Department.
This bill does not contain an appropriation or establish positions.